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82 Cards in this Set
- Front
- Back
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Constitution
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Divides power between national and state govs.
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Articles of Confederation
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First form creating gov for US Created to keep states together National gov had almost no power Not working at all US in a mess and the states are nearly at war with each other |
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Shays rebellion
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Shay and co. never got paid from time in continental army Robbed an armory Rode around and forced banks not to forclose on farms States didnt want to deal with it and Feds didn't have the power, thus no one can stop this Everyone now sees AoC has to change |
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Revision of AoC
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No one really took it seriously at first Decided they would meet again in Philly, this meet is eventually known as the contential congress |
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Virgina Plan
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Favors the big states as population determines the amount of votes Written by James Madison |
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New Jersy Plan
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Favors small states as every state has an equal amount of votes
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Conneticuit Compromise
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Compromises the Virgina and New Jersy Plans Creates Bicameral houses House of reps (votes based on pop) Senate (all states have equal votes) |
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The constitutional convention
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12 out of 13 states send representitives Rhode Island doesnt attend All reps were wealthy, educated, white men led by George Washington Founding Fathers |
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Slavery at the Constitutional Convention
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No compromise in the constitution so they left it out |
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Three fifths compromise
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Slaves were counted as 3/5 of a person for a states population count for house of representatives
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Author of Constitution
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James Madison
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The Constitution after the Convention
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Created strong central government limited by checks and balances while still giving power to the states
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Ratification of the Constitution at the time
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Requires 3/4 of states (9) AoC required all 13 |
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Federalist papers
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Made by James Madision, Alexander Hamilton and John Jay
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Who led the anti federalist movement?
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Thomas Jefferson
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Bill of Rights
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Created to protect civil and personal liberties Called for by Massachusets Madison introduces 12 amendments and 10 go through Rhode Island is last to ratify |
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3 Basic governmental functions made by constitution
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Legislature: Makes Laws, given power in Article 1 section 8 Executive: Enforce law, given power in article 2 Judical: Interperets and applies laws, Article 3 (Makes supreme court the highest court and gives congress the authority to make inferior courts as they see fit) |
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Enumerated Powers
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Lists specifically what the gov can and cant do Also restricts what the states can do, thus if the states cant do it its a power reserved for the national gov |
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Immigration and naturalization service v. Chadha
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Congress passed immigration statue Gave congress a legeslative veto over administrative agencies Supreme court declared this unconstitutional |
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Youngstontown steel & tube co v. Sawyer
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Union gave notice to strike from Young Prez Truman issued executive order and seized the mill claiming the country needed the steel Owners sued secretary of commerce sawyer Spreme court ruled that siezure of the mill was unconstitutional Truman gives mill back |
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Enumerated Powers
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The specified powers of the legislative branch in article 1 section 8 of the constitution |
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What are the important Enumerated powers for business?
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The commerce clause Necissary and proper clause Supremacy clause |
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The commerce clause
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"Congress shall have the power to regulate commerce between the forign states, the Indian tribes and between the states" Extremely powerful and has a huge impact on business |
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Gibbons v. Ogdin
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NY was trying to grant molopolisic steam boat rights on the Hudson river between NY and NJ. Ogden got this right which prohibited Gibbons from operating on the Hudson.Issue: Can NY grant exclusive rights to boats traveling between 2 states? John Marshall decided: interstate commerce must concern 2 states for the feds to get involved. Greatly increased the power of the commerce clause. |
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NLRB v. Jones and Laughin steel Co.
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Jones made steel used all over country during the depression Employees threaten to strike, NLRBs job is to stop strikes by telling Co.'s what to do Jones says they cant get involved unless it involves more than one state NLRB says that the other states aren't getting jones steel so its hurting their economies thus NLRB can get involved. Power of commerce clause is increased even more. |
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Wickard v. Filburn
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Wickard grew an illegal wheat crop grown from his seeds on his land in one state without a wheat lincence. US says thats illegal Wickard says it doesnt involve another state so they can get involved US says by not buying feed for his animals and feeding them his wheat he didnt buy anything which hurt the economy, if everyone would do this it would make a big difference so thus he cant do it and interstate commerce applies. Commerce clause stretched more. |
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What are the three historical cases that define the struggle between states rights and national rights?
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McCulloch v. Maryland American Civil war Civil rights movement |
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McCulloch v. Maryland
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Maryland tried to tax a national bank that was within the state. US said we dont have to so Maryland sued.ML relied on 10th amendent, if US has right to operate the bank in the state ML has the right to tax it. US argues necisary and proper clause: gives US gov the power to do what is nesissary to preform the enumerated powers Necessary and proper clause now outweighs 10th amendment, US wins case. |
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American Civil War
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Fought over states rights ex: the power to own slaves. Northern interests win which were aligned with fed gov US gov wins again over states |
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Civil rights movement
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Another fight between states rights vs. national rights US national government eventually wins again, states power is severely reduced compared to how it was formerly. |
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Plessy v. Ferguson
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Created the Seperate but Equal doctrine Result was that Jim Crowe laws were allowed |
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White Texas Primary
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Only whites could vote in the Texas Primary Wasnt declared unconstitutional until 1944 in Smith v. Allwright |
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Racial integration in the military
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Executive order issued by Truman in 1948
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Brown v. Board of Education
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Supreme Court overrules Plessy v. Ferguson and ends the seperate but equal doctrine Defined starting point of the civil rights movement |
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Civil Rights and the commerce clause
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US National gov used the commerce clause to force southern states to integrate the races Katzenbach v McClung Heart of Atlanta Motel v US |
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Heart of Atlanta Motel v. US
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Only rented rooms to whites However, since they rented rooms to travelers from out of state interstate commerce was involved and the US could order them to integrate. |
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Katzenbach v. McClung
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Ollies BBQ (Katzenbach) only let whites sit inside and eat. Bought all their supplies locally thus said no interstate commerce US pulled a Wickard v Filburn and said if everyone did that it would affect interstate commerce thus they have the power to regulate They integrated. |
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US v. Lopez
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Lopez carried a gun into a school zone and got caught, he didn't take it out or sell drugs he just got caught. Violated the Gun Free Schools act GFSA declared unconstitutional as it went beyond the powers of the commerce clause. Lopez didnt do anything economic in any way and couldnt be convicted by an act made from the power of the commerce clause. First time a case difined the limits of the commerce clause |
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10th Amendment
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Anything not specified in the constitution is a right given to states and individuals
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Necessary and Proper Clause
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Expands enumerated powers to cover all contengencies Only enhances the powers, does not add new ones |
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Supremacy Clause
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National law can trump state law if there is an overlap and they choose to do so. AKA Fed law is supreme and there usually isn't any precedence, determinded from case to case |
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Hughes v. Oklahoma
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Oklahoma had law: had to buy fishing bait from an oklahoma store Hughes gets convicted and fights US said why Oklahoma? Oklahoma had no good reason why so law is overturned under the supremacy clause. |
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Maine v. Taylor
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Maine had law: had to buy fishing bait from Maine store Taylor gets convicted and fights US says why Maine? Maine says fishing is a massive part of their economy and if a disesise from improper bait kills the lobster haul it would devastate them US says ok law stands, not trumped by supremacy clause. |
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The Power to tax
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Enumerated power of the feds to raise revenue and regulate. Can force states to do what they want, ex: we wont give you money unless you raise your drinking age to 21 |
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Who did the bill of rights originally apply to?
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The national government only, the states didn't have to honor the rights given to citizens and businesses under the Bill of Rights
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Barron v. Baltimore
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Baltimore pushes silt in harbor all on one side and covers up Barrons wharf. He sues and pulls for the 5th amendment which is the right to due process. State says that amendment only applies to fed gov and not them so they dont honor it and Barron gets screwed (poor Barron). |
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14th Amendment
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No state can deprive anyone of due process and equal protection under the law.
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Due Process
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The gov. has to treat you right and give you a fair chance. Cannot deprive an individual of life, liberty or property without the due process of law 4th amendment aplies to feds and 14th applies to states |
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Gitlow v. New York
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Gitlow spread socialist manifestos and was convicted under a NY sedition law that limited freedom of speech. He appealed to US Supreme court saying he had the right of the 14th amendment. Therefore NY gov had to give him the same due process as the fed gov would give him SC agreed and made 1st amendment, freedom of speech aply to all states Doctrine of Incorporation is born |
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Doctrine of Incorporation
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Incorporates all amendments (except the 3rd) to apply to the states as well Makes 14th amendment especially applicable for states and feds |
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Last amendment to be made applicable to states?
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2nd amendment, the right to bear arms Made applicable under: District of Columbia v. Heller McDonald v. City of Chicago |
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Amendments that do not apply to the states?
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3rd: Prohibition of Quartering soldiers 5th: Right of a grand jury 7th: RIght to a jury in civil cases |
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Doctine of Reverse Incorperation
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5th and 14th amendments (rights to due process) apply equally to both the state and national gov
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Is the 1st amendment (freedom of speech) absolue?
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No, you have protected and unprotected speech
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Schenik v. US
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Verdict: Congress can restrict speech if it presents a clear and present danger, ex: shouting fire in a crowded theater.
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Balacing of Interests in the 1st amendment
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Gov can limit speech when other social values are more important
But they really have to have a solid case. |
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New York Times v. US
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Supreme court allows the publication of the Pentagon Papers
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Different types of speech
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Commercial and Political
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Commercial Speech
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Much more limitations than personal rights But business (who are commercial) have an absolute right to political speech. |
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Business right of freedom on speech
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Gov can limit its employees freedom of speech commercial freedom of speech can still be limited, especially in advertising. |
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1st Amendment
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You have the right to believe what ever religion you want
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What are the 2 Religious protections?
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Free exercise clause: Free to believe anything in the name of religion (however the right to practice is not absolute) Establishment clause: US Gov cannot establish a national religion |
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Reynolds v US
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Established no polygamy even for religion
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County of Allegheny v. American Civil Liberties Union
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Established that a simple religious display by a gov entity is allowed if it doesnt endorse a specific religion.
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Blue laws/ Sunday Laws
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Laws formed for religious reasons but not deemed unconstitutional, ex: business closing on sunday cant buy hard liqour on sunday car dealerships have to be closed on Saturday or sunday |
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Do businesses have to give religious days off for employees?
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Current standard: Business must make resonable accomidations for religious practices of employees UNLESS it causes an undo hardship on the business.
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4th amendment
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Protection from unresonable search and seisure
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Are there execeptions to the 4th amendment?
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Yes: Plain view doctrine Resonable suspicion of the officer Consent of detained individual Open fields doctrine (Hester v. US) |
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Automobile searches
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Less rights for the stopped individual and more for the cop
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Exclusionary Rule
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Evidence that was siezed improperly must be excluded from trial
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Hudson v. Michigan
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Police dont have to knock and announce before entering a building
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Georgia v. Randolf
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Warentless search allowed if a co occupant allows the search
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Illinois v. Rodriguez
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If one co occupant consents and the other doesnt you cant search
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5th amendment
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Gives citizens the right against self incrimination only applies in criminal cases against citizens (not corporations)
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2 types of Due Process
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Substantive and procedural
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Substantive Due Process
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Involves meat of the law, law has to be capable of giving you due process
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Procedural Due Process
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Defines how the gov can deprive a person of life, liberty or property Sliding scale: Capital Punishment requires high due process Taking property takes much less |
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Eminate Domain under the 5th amendment
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Gov taking private property for public use Gov must give just compensation |
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Equal Protection under the 14th amendment
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Gov can treat groups of people differently if distinction is logical and rationally related to a valid objective.
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Rights of privacy
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Not in constitution, started in the 60s Made apparent in Giswold v. Conneticut Congress followed this up with stachatory laws that reenforced privacy for citizens, most contriveral was Roe v. Wade |
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Griswold v. Conneticut
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Conneticiut had law banning the use of contraceptives Griswold fought this saying it was a breach of privacy and the supreme court agreed |
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Roe v. Wade
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Texas had law forbidding abortion Supreme court held that the woman had the right of privacy to terminate a pregnancy |
